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Sail Labrador Ltd v The Owners of the Ship “Challenge One” and Ors - Federal Court (Trial Div)(Nadon J) - 28 June 1996
On 21 June 1985 the plaintiff entered into a bareboat charter with Navimar Corporation Limitee to charter the ship Challenge One
for five years. Clause 30 of the charterparty provided:
“Subject to full performance of all its obligations in..
Online Published Date:
14 September 1996
Appeared in issue:
440 - 14 September 1996
Elecnor SA v The Owners of the Ship “Soren Toubro” - Federal Court (Trial Div)(John A Hargrave Prothonotary) - 30 May 1996
On 25 January 1995 the plaintiff cargo owners commenced in action in rem
for damages for loss of and damage to cargo carried from Spain to Manila on the vessel Soren Toubro
. On 15 January 1996 the plaintiffs applied for and obtained ex parte
an..
Online Published Date:
14 September 1996
Appeared in issue:
440 - 14 September 1996
Kentwood Ltd v United States of America and Ors (The “Jade Cat”) - US District Court (ED Virginia) - 19 June 1996
The plaintiffs owned the 58 foot catamaran sailing vessel Jade Cat.
On 10 October 1994 the Jade Cat
ran aground near the Lynnhaven Inlet in the lower Chesapeake Bay. The stranding left the vessel unable to manoeuvre but otherwise in no danger of..
Online Published Date:
14 September 1996
Appeared in issue:
440 - 14 September 1996
The Owners of the vessel “Kafur Mamedov” v The Owners and/or Demise Charterers of the vessel “Goldpath” - Court of Appeal (Nazareth V-P, Godfrey JA and Seagroatt J) - 12 July 1996
On 23 August 1993 the vessels Kafur Mamedov
and Goldpath
collided in Hong Kong waters. On 22 August 1995 the owners of the Kafur Mamedov
commenced proceedings against the owners of the Goldpath.
On 12 December 1995 the defendants filed notice..
Online Published Date:
28 September 1996
Appeared in issue:
441 - 28 September 1996
Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (The “Bunga Seroja”) - Supreme Court of New South Wales Court of Appeal (Gleeson CJ, Clerk and Shellar JJA) - 12 July 1996
This case was concerned with damage to aluminium coils during a voyage between Sydney and Fremantle. The coils had been stuffed, by the shipper, into 10 FCL containers.
During the voyage the vessel encountered storm conditions such that the vessel..
Online Published Date:
28 September 1996
Appeared in issue:
441 - 28 September 1996
Plastique Tags Inc v Asia Trans Line Inc and Others (The “Cho Yang World”) - US Court of Appeals (11th Circuit)(Edmondson Ct J and Fay and Gibson Snr Ct JJ) - 28 May 1996
A freight forwarder, Asia Trans Line Inc, contracted to transport one sealed container from a firm in Korea to the plaintiffs in New York. The Korean firm represented that the container held 4,437,500 plastic bags. Asia Trans issued a bill of lading..
Online Published Date:
28 September 1996
Appeared in issue:
441 - 28 September 1996
I Deveau Fisheries Ltd v Cummins Americas Inc - Federal Court (Trial Div)(Dubé J) - 17 June 1996
The plaintiff brought an action against the defendant alleging negligence or breach of contract in respect of repairs carried out by the defendant to the engines of the vessels Janica II
and Sylvialyn II.
The defendant brought third party..
Online Published Date:
28 September 1996
Appeared in issue:
441 - 28 September 1996
Elders Grain Co Ltd v Carling O’Keefe Breweries of Canada Ltd and Others (The “Ralph Misener”) - Federal Court (Trial Div)(Richard Morneau Prothonotary) - 27 June 1996
On 25 June 1991 the plaintiffs served a statement of claim upon the in personam
defendants in respect of a cargo claim. On 27 June 1991 “service” of the statement of claim was effected on the defendant vessel by leaving a certified copy..
Online Published Date:
28 September 1996
Appeared in issue:
441 - 28 September 1996